113Evidence in criminal proceedings

#### 113 Evidence in criminal proceedings 113 Evidence in criminal proceedings > > (1) If— > > > > > (a) a person has been charged with an offence before a court of the State, and > > > > > (b) the court considers that it is desirable in the interests of justice that particular evidence given before the Commission, being evidence in relation to which the Commission has given a direction under section 112, be made available to the person or to an Australian legal practitioner representing the person or to the prosecutor, > > > > the court may give to the Commission a certificate to that effect. > > > (2) A Commissioner may appear before the court for the purpose of making representations concerning the giving of such a certificate. > > > (3) On such a certificate being given, the Commission shall make the evidence or information available to the court. > > > (4) The court may make the evidence or information available to the person charged with the offence concerned, to an Australian legal practitioner representing the person charged or to the prosecutor, if the court has examined the evidence or information and is satisfied that the interests of justice so require. > > > (5) Nothing in section 111 prevents a person to whom that section applies from producing any document or other thing, or divulging or communicating any matter or thing, to the extent necessary to give effect to this section. > > > (6) Nothing in section 112 prevents the evidence or information being made available under this section. > > **s 113:** Am 2006 No 120, Sch 3.12 \[2\]; 2016 No 65, Sch 1 \[3\].